Venue: |
CA Ct. App.
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Facts: |
Jenner has an epileptic seizure while driving home from work. He
is medicated, and seemingly responsible about the condition.
He smashes through the wall, injuring Mrs. Hammontree. |
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Posture: |
Trial court refuses the motion for summary judgment, and the
jury found for the defendant. Plaintiffs appeal. |
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Issue: |
The Hammontrees want "absolute liability" here, as though this
were a defective product issue. Is that a good idea? |
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Holding: |
No, the court was correct in denying summary judgment for the
plaintiffs. Affirmed. |
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Rule: |
A manufacturer is liable for placing articles on the market
which will be used without checking for defects, and they
have defects that cause injuries. That rule doesn't apply
here. |
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Reasoning: |
The policy behind the absolute liability rule is that
manufactureres should bear the cost of defective products.
That doesn't pertain to this situation. If the legislature
wants to implement a policy like this, it will need to
specify carefully, since fact-based decisions of this
sort will lead to uncertanty. Plus, come on, this would
just be plain unfair: the guy had no reason to think he'd
have a seizure. |
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Dicta: |
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